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Preventing Misuse Of The Cybercrimes Act: Protecting Free Speech And Unlocking Economic Growth
@Source: independent.ng
On Democracy Day, the Heads of Missions of the United States, Unit-ed Kingdom, Finland, Norway, and Canada would like to recognise and congratulate the Nigerian people’s commitment to 26 years of democratic gover-nance. Healthy democracies are formed of many important in-gredients and when marking 25 years of democracy in Nigeria in 2024, President Tinubu under-lined that in Nigeria “there must be diverse perspectives and view-points.” Free expression has long been a core value of Nigeria’s de-mocracy. Nigeria’s constitution enshrines the right to freedom of expression, aiming to protect its citizens’ rights and foster a soci-ety where people can debate and discuss ideas free from govern-ment control. This right, a princi-ple of trusting ordinary citizens to have discussion in the virtual public square, remains vital to-day.
In April, Nigeria’s Nation-al Human Rights Commission (NHRC) raised concerns about the 2015 Cybercrimes Act, the amendments made to it in 2024, and the law’s impact on free ex-pression. The Act has laudable aims: to combat online fraud and cyberattacks. There is growing evidence, however, that the Act is being misused by some to si-lence criticism and dissent. The NHRC’s advisory opinion on freedom of expression warned that it “has potential for abuse, particularly with respect to ar-rests and prosecutions of activ-ists, journalists, bloggers, and ordinary social media users.” In addition, in 2022, the ECOWAS Court of Justice ruled that the Act is not in conformity with the country’s obligations related to freedom of expression under the African Charter on Human and Peoples’ Rights and the Interna-tional Covenant on Civil and Po-litical Rights.
Misuse of the Cybercrimes Act undermines democratic advance-ment and civic participation. It also jeopardizes the confidence of investors and risks deterring the innovation needed for economic growth.
Consider the case of Dele Farotimi, charged with 12 counts of cybercrime after he reported alleged corruption in the judi-ciary in a book and on a podcast. Farotimi was allegedly detained in Lagos, transported across state lines to Ekiti, and brought to court in handcuffs. Though the charges were eventually with-drawn, his ordeal highlights a troubling issue – the Cyber-crimes Act, originally intended to combat online fraud and cyber-terrorism, can be misused as a tool to stifle free expression and undermine democratic engage-ment. Farotimi is not alone. Journalists, activists, and ordi-nary citizens have faced similar charges for sharing opinions or reporting on alleged corruption. This distortion of the law’s orig-inal intent can lead to citizens becoming hesitant to speak out, weakening democratic account-ability and potentially fuelling distrust in government.
The Nigeria Communications Commission (NCC) estimates the country loses $500 million per year to cybercrime. This prob-lem requires a response. Howev-er, the Cybercrimes Act’s broad language, especially its vague definitions of “false informa-tion,” “cyberstalking,” “harass-ment,” and “insult”, leaves room for confusion and potential abuse. The law’s broad scope allows it to be misused against Nigerian cit-izens seeking to express dissent, form opinions, or criticize pow-erful people. NHRC has called on law enforcement to “exercise caution” in how they interpret the Act’s frequently used Sec-tion 24 to make sure that charges reflect an actual threat to public order. We, therefore, welcome the commitment from Nigeria’s Min-ister of Information and National Orientation, Mohammed Idris, to collaborate with the National As-sembly and relevant stakeholders in reviewing the Cybercrimes Act so that it protects the values en-shrined in Nigeria’s constitution.
The implications extend be-yond free expression. Nigeria’s economic future depends on its ability to innovate and attract investment in the digital age. However, the Cybercrimes Act’s misapplication, even in a small number of cases, risks detracting the innovators and entrepreneurs the government wants to invest in Nigeria. The Cybercrimes Act also contributes to uncertainty abroad about Nigeria’s legal land- scape. Its vague provisions make it difficult for businesses and in-vestors to assess legal risks, hin-dering investment in industries that rely on digital content. Re-form is needed to protect both cit-izens’ rights and Nigeria’s future.
The undersigned Heads of Mission in Nigeria encourage Nigerian lawmakers to consider reform of the Cybercrimes Act to narrow the definitions of key terms such as “false informa-tion,” cyberstalking,” insult,” hatred,” and “harassment,” and ensure those definitions cannot be used erroneously to silence critics and censor expression. As friends of Nigeria who share the country’s strong commitment to democratic values, we want Ni-geria to realise its potential as a democratic digital powerhouse. We would, therefore, welcome the Nigerian government amending the Act to strike a balance be-tween protecting citizens while preserving human rights, includ-ing free expression. This will be a difficult balance to strike but is vital for delivering what Nigeria wants: a stable and open democ-racy, and economic growth under-pinned by investment.
Nigeria is not alone in fac-ing this problem. Democracies across the world are grappling with the ever-evolving challeng-es and opportunities that the digital world presents. Through the Council of Europe’s Global Action on Cybercrime project, Ni-gerian lawmakers are receiving funding and technical assistance to help the current review of the Act lead to legislation that meets international standards and best practices. However, the deadline for the Act’s review has consis-tently been delayed, and we urge Nigerian lawmakers to make this review a priority, and ensure it is open to public consultation and debate.
Free expression is a precious commodity that relies on all of us to respect it. It is a funda-mental tenant of Nigeria’s con-stitution. Nigerians, and any citizens of countries around the world, should be able to hold and express their views, even if those opinions are unpopular.
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